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The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”), “mediation” means mediating sale, exchange, lease and other acts concerning acquisition, loss and transfer of rights and rights between parties to a transaction regarding the object of brokerage (Article 2 subparagraph 1 of the Licensed Real Estate Agents Act), and “mediation business” means engaging in the business of brokerage at another person’s request with a fixed remuneration;
(Article 2(3) and Article 48(1) of the Licensed Real Estate Agents Act provide that a person who runs a brokerage business without the registration of establishment of a brokerage office shall be punished.
Meanwhile, in light of the purport of the provisions of the Licensed Real Estate Agent Act, which aims to protect a transaction party, whether a certain act constitutes a brokerage shall not be determined by the subjective intent of the broker, not by whether the broker had the intention to mediate the transaction for the transaction party, but by whether the broker’s act is objectively deemed to be an act for mediating the transaction by social norms.
(See Supreme Court Decisions 98Do1914 delivered on July 23, 199, 2005Da32197 delivered on October 7, 2005, etc.). 2. The facts charged of the instant case violates Article 48 subparag. 1 of the Licensed Real Estate Agent Act by mediating the conclusion of each “lease Agreement” with respect to the instant store between the owner of the instant store and the transferee of the right to lease on two occasions over August 25, 2010 without registering the establishment of the brokerage office.
3. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following facts.
The right to lease of the store of this case was transferred from D to E, again from E to H, and each transfer was made by the store of this case.